Mr. Venu Akula v. India Bulls Housing Finance Limited
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[ 33s3 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE AND THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI WRIT PETITION NO: 34922 OF 2023 Between:
about 44 years, Rama Raja Nagar, Mr. Venu Akula, S/o Late Narayana Akula Aged Occ.Business, FUo Flat no.618, Sundaram Building, Suchitra, Ranga Reddy District- 500067.
...PETITIONER AND
1. lndia Bulls Housing Finance Limited, 3rd Floor, Park City Pl,aza, Above Jade Blue Showroom, Rbad No.1, Banjara Hills, Hyderabad-500034.
2. Authorised Officbr, lndia Bulls Holsing Finance Limited, 3rd Floor, Park City Plaza, Above Jade Blue Showroom, Road No.'1, Banjara Hills, Hyderabad500034.
3. Reserve Bank of lndia, Represented by its Governer Main Building, P.O.Box 901 , Shahid Bhagat Singh Road, Mumbai-400 001 .
4. Natibnal HousingfBank, Represented by its Managing Dir99!o-r' Core 5A,lndia Habitat Centre, 3rd-Sth floor, Lodhi Road, New Delhi - 110003
5. Debt Recovery Tribunal-2, Hyderabad, Represented by its RegistraroNDENT. Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith' the High Court may be pleased to issue an appropriale writ, order or direction more particularly one in the nature of Writ of Certiorari a) seeking quash of order dated. 3111012023 in SA.No'74 of 2023 passed by Debt Recovery Tribunal -ll, Hyderabad for failing to exercise jurisdiction vested with it and thereby causing grave injustice to the Petitioner herein and consequenfly rcmand back the matter to the Debt Recovery Tribunal -ll, Hyderabad, to re-hear sA.No.74 of 2023 afreshby considering the issues raised by Petitioner herein.
b) Direct the respondents to not to take any coercive steps including acting in furtherance of vacate notice dated. 1111212023 issued by the Advocate commissionerMrs K. Bhavani (Tsl1444412020), Malkaigiri Bar Association, /
pending re-hearing of SA.No.74 of 2023 afresh by Debt Recovery Tribunal _ll, Hyderabad.
lA NO: 1 OF 2023 Petition under section 151 cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the respondents to not take any coercive steps including acting in furtherance of vacate. notice dated: 1111212023 issued by the Advocate commissioner Mrs K. Bhavani (TS.11444412020), Malkajgiri Bar Association, and consequently suspend the order dated:3111O12023 in SA.No.74 ot 2023 passed by DRT -ll, Hyderabad, pending disposal of the Writ Petition Counsel for the Petitioner: SRI AVTNASH OESAI, SENIOR COUNSEL FOR SRI ABH]NAV KRISHNA UPPALURI Counsel for Respondents: ----- The Court made the following: OROER
THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE AND THE HON'BLE SHRI JUSTICE ANIL KT'MAR JI'KANTI WRIT PETITION No.34922 ot2O23 ORDER: Per the Hon'ble the Chiel1a311a {lsla Aradhe) Mr. Avinash Desai, learned Senior Counsel representing Mr. Abhinav Krishna Uppaluri, learned counsel for the petitioner.
2.
In this writ petition, the petitioner has assailed the validity of the order dated 31.10.2023 passed by the Debts Recovery Tribunal - II at Hyderabad on an application i under Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act,2OO2.
\ t I 3.
Learned Senior Counsel for the petitioner submits that certain arguments raised on behalf of the petitioner were not considered by the Debts Recovery Tribunal. 4.
In view of the aforesaid submission and in view of the law laid down by the Supreme Court in State of
Maharashtra v. Ramdas Shrinivas Nayakr, the appropriate remedy for the petitioner is to seek review of the order. Needless to state that the petitioner shall be entitled to exclusion of the time in respect of the period spent in prosecuting this writ petition on the principles analogous to Section 14 of the Limitation Act, 1963. 5.
The writ petition is, therefore, disposed of with the liberfy to the petitioner to take recourse to the remedy of review. The petitioner shall also be at liberty to file an application seeking interim relief before the Debts Recovery Tribunal.
Miscellaneous applications pending, if any, shall stand closed. However, there shall be no order as to costs. SD/-B, SARASWATHI ASSTSTANT R(SGTSTRAR rt'
SECTION OFFICER To, //TRUE COPY//
1. The Registrar, Debt Recovery Tribunal-2, Hyderabad.
2. One CC to Sri Abhinav Krishna Uppaluri Advocate IOPUC]
3. Two CD Copies MBC GJP lfl(cr.
HIGH COURT DATED: 2911212023 1gE STAfc ( za J o 2 3 iAN 202[ .ar+ * * e pAT cY\cS
ORDER
WP.No.34922 ot 2023 L DISPOSING OF THE WRIT PETITION WITHOUT COSTS Or*0, D{ rlx^